Same-Sex Couple Sues NC, Changes Birth Certificate Policy

By
Hopper Law Firm, PLLC
|November 18, 2016

When federal courts defeated countrywide bans on same-sex marriage, future
birth certificates for children of same-sex couples were supposed to include
the names of both parents. It also opened up the opportunity for preexisting
birth certificates of same-sex couples to retroactively be changed to
include both parents’ names. However, North Carolina did not change
its birth certificate policy immediately following the federal mandate.

When Melissa and Meredith Weiss attempted to have the birth certificates
of their sons changed following the federal overruling, they were denied.
Knowing that they needed to take serious legal action to correct this
egregious error that flew in the face of a federal ruling, they actually
sued North Carolina’s Department of Health and Human Services (HHS).
The lawsuit recently closed, and it ended in the couple’s favor.

A Big Win for LGBTQ+ Communities

The victory for the Weiss family is actually not
just a victory for them. It represents a huge win for same-sex couples across
North Carolina and in other states that may be facing similar opposition
and resistance to their lifestyle choices in family law courts and settings.
By bringing attention to the issue and having the courage to pursue what
they thought was right, same-sex married couples in their state will now
more easily be able to enjoy the same benefits, rights, and protections
as other married couples in regards to children.

Before the federal courts decision to allow same-sex marriages across the
country, the Weisses had to jump through legislative hoops to get the
same services as other married couples. Despite a county clerk recognizing
both women as the parents of their children – each child was actually
born through in vitro fertilization with Melissa – North Carolina
made it impossible for them to
both be listed as parents due to the law specifically stating “one mother”
and “one father.” In order for them both to become legal parents,
they had to deal with complicated adoption laws. While that was being
sorted out, they ran into a myriad of troubles regarding schools, government
services, and even obtaining passports. All of these troubles should be
a thing of the past now that the lawsuit has ended in their favor.

For more information about their story, be sure to read a full article
posted by
The News & Observer, seen
here. If you have a
family law case of your own that requires a legal professional’s input and assistance,
you can come to Hopper, Hopper & Mulligan, PLLC. Our Raleigh family
lawyers are passionate about doing everything we can to help families
through difficult times like
divorce. Be sure to
contact us today.

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